On Wednesday, June 18, 2025, the U.S. Northern District of Texas Court made a final ruling in Purl v. U.S. Department of Health and Human Services (HHS) in a lawsuit. The Plaintiff asserted that HHS improperly redefined the statutory terms while lacking the statutory delegation of authority to do so when they expanded the scope of requirements through the HIPAA Privacy Rule to Support Reproductive Health Care Privacy.
This rule by HHS, enacted on June 25, 2024, prohibits covered entities and their business associates from using or disclosing PHI for certain purposes, particularly to investigate or impose liability on individuals for seeking, obtaining, providing, or facilitating lawful reproductive health care. The rule took final effect on December 23, 2024, requiring third-party requestors to provide an attestation that the request was not part of an investigation of the patient.
The court cited that the execution of the rule was made in error on three accounts. First, that the rule is “contrary to law” because it unlawfully “limits” state public health laws. 89 Fed. Reg. 32978. Second, the 2024 Rule impermissibly redefine “person” and “public health”, in contravention of Federal law and “in excess of statutory authority.” Third, under the “major-questions doctrine”, the rule arrogates to HHS authority not expressly delegated by Congress.
There currently is no indication if the HHS will take further action to appeal this ruling or if similar suits currently in litigation will contradict this most recent ruling. We have been alerted that some of the larger facilities have adjusted their processes to no longer require the submission of the Reproductive Health Attestation, however experience has shown us that it will be more fruitful to our cause to continue the submission of this document until stability is fully realized on this matter. On the other hand, in those cases where the facility has required this document, we will object referencing this ruling.
We thank you for your continued trust in pursuing records on behalf of your effort and that of your clients. If you have any questions, please feel free to reach out to our team.